Nisar vs State Of Kerala
2022 Latest Caselaw 5878 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                    CRL.MC NO. 2738 OF 2022
   AGAINST CC 322/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS
                            ,TIRUR
PETITIONER/S:

    1     NISAR
          AGED 32 YEARS
          S/O ABDUL MAJEED, CHATRAPALLIYALIL HOUSE, PERASHANNUR
          POST, PIN - 679571
    2     JAFAR K P
          AGED 33 YEARS
          S/O MUHAMMED, KUNDILPERUTHI HOUSE, PERASANNUR POST,
          KUTTIPPURAM, PIN - 679571
    3     AFSAL
          AGED 33 YEARS
          S/O KUNJIMUHAMMED, THEKKANCHERRY HOUSE, PERASANNUR,
          KUTTIPPURAM, PIN - 679571
    4     SHAFEEK K P
          AGED 32 YEARS
          S/O ABDUL HAMEED, KUNDILPERUTHI HOUSE, PERASANNUR,
          KUTTIPPURAM, PIN - 679571
    5     ABDUL JALEEL C P
          AGED 36 YEARS
          S/O ABDUL MAJEED, CHATHRAPALLIYALIL HOUSE,
          PERASANNUR, KUTTIPPURAM, PIN - 679571
          BY ADVS.
          BINU V V VEETTIL VALAPPIL
          S.K.PREMJITH MENON


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
    2     DAKSHAYANI AMMA
          AGED 67 YEARS
          W/O GOPINATHAN NAIR, PARAPPURATH HOUSE, PERASSANNUR,
          KUTTIPPURAM, PIN - 679571
          BY ADV MANEKSHA D.
 Crl. M.C. No. 2738 of 2022       -2-


OTHER PRESENT:

          ADV. VIPIN NARAYAN - PP


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   31.05.2022,   THE   COURT   ON    THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl. M.C. No. 2738 of 2022        -3-


                          JUDGMENT

Dated this the 31st day of May, 2022

The writ petitioners are the accused Nos. 2, 3, 5, 7 and 9 in C. C.

No. 322 of 2015 of Judicial First Class Magistrate Court - I, Tirur. The

aforesaid case arises from Crime No. 402 of 2009 of Kuttipuram

Police Station. The offences alleges against the petitioners are under

Sections 143, 147, 148, 324, 427, 506(1) read with Section 149 of the

Indian Penal Code.

2. The prosecution case is that on 21.12.2009 at 04:00 a.m., the

petitioners formed themselves into an unlawful assembly and broke

open the door of the residence of the de facto complainant and

assaulted her with weapons. It was also alleged that they also caused

damages to a lorry belonging to the de facto complainant. Annexure

A1 is the FIR and and Annexure A2 is the final report submitted by

the Police.

3. It is pointed out that all the other accused have faced trial in

C. C. No. 435 of 2010 and they were acquitted by the learned

Magistrate. The case against the petitioners were split up and the same

is re-filed as C.C. No. 322 of 2015, which is now pending. This Crl.

M. C. is filed for quashing all further proceedings in the aforesaid

Calendar Case.

4. Heard Sri. Binu V. V., learned counsel appearing for the

petitioners, Sri. Vipin Narayanan, learned Public Prosecutor and Sri.

Maneksha D., learned counsel appearing for the 2nd respondent.

5. The prayer for quashing the proceedings is sought mainly for

the reason that the dispute between the parties has been settled and to

substantiate the same, Annexure A3 affidavit sworn by respondent No.

2 is produced. The fact of settlement is acknowledged in the aforesaid

affidavit and it is also specifically stated that the 2 nd respondent has no

subsisting grievances against the petitioners herein. The 2 nd respondent

also clearly expressed her no objection in quashing the proceedings

against the petitioners. The learned counsel appearing for the 2 nd

respondent also confirms the aforesaid settlement and supports the

prayer sought for by the petitioners herein.

6. On going through the nature of allegations as contained in

Annexure A2 final report, it can be seen that the dispute is basically

private in nature. Considering the settlement arrived at between the

parties, the chances of a successful prosecution are very bleak and

hence no fruitful purpose would be served if the proceedings is

allowed to continue. Therefore, I am of the view that going by the

decision in Gian Singh v. State of Punjab and Another [2012 (4)

KLT 108], this is a fit case in which the powers of this Court under

Section 482 Cr.P.C. can be invoked.

Accordingly this Crl.M.C. is allowed. All further proceedings in

C. C. No. 322 of 2015 pending before the Judicial First Class

Magistrate Court, Tirur pursuant to Crime No. 402 of 2009 of

Kuttipuram Police Station are hereby quashed.

Sd/-

ZIYAD RAHMAN A. A.

JUDGE

Eb ///TRUE COPY/// P. A. TO JUDGE

APPENDIX OF CRL.MC 2738/2022

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO: 402/2009 OF KUTTIPPURAM POLICE Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN KUTTIPPURAM CRIME 402/2009 Annexure A3 AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DATED 29/11/2021